Madhya Pradesh High Court
WP/30330/2022 of LATE SHRI R.M. SOJATIA FOUNDATION TRUST THR ITS PRESIDENT ANAND SOJATIA Vs THE STATE OF MADHYA PRADESH on 29 December 2022
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGHON THE 29[th] OF DECEMBER, 2022
WRIT PETITION No. 30330 of 2022
BETWEEN:-
1.LATE SHRI R.M. SOJATIA FOUNDATION TRUSTTHR ITS PRESIDENT ANAND SOJATIA S/O SHRIASHOK KUMAR SOJATIA, AGED ABOUT 46 YEARS,OCCUPATION: BUSINESS 150 PRADEEP SADANTEHSIL BHANPURA DISTRICT MANDSAUR(MADHYA PRADESH)THR ITS PRESIDENT ANAND SOJATIA S/O SHRIASHOK KUMAR SOJATIA, AGED ABOUT 46 YEARS,OCCUPATION: BUSINESS 150 PRADEEP SADANTEHSIL BHANPURA DISTRICT MANDSAUR(MADHYA PRADESH)
2.ANAND SOJATIA S/O SHRI ASHOK KUMARSOJATIA, AGED ABOUT 46 YEARS, OCCUPATION:BUSINESS 212 SAKET NAGAR, INDORE (MADHYAPRADESH)SOJATIA, AGED ABOUT 46 YEARS, OCCUPATION:BUSINESS 212 SAKET NAGAR, INDORE (MADHYAPRADESH)
.....PETITIONER
(BY SHRI RAVINDRA SINGH CHABBRA SENIOR ADVOCATE WITH SHRI
MUDIT MAHESHWARI, ADVOCATE.)
AND
1.THE STATE OF MADHYA PRADESH THROUGHCOLLECTOR MANDSAUR (MADHYA PRADESH)
2.NAYAB TEHSILDAR TEHSIL BHANPURA DISTRICTMANDSAUR (MADHYA PRADESH)MANDSAUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MUKESH KUMAWAT, GOVT. ADVOCATE FOR STATE. )
This petition coming on for admission on this day, the court passed the following:
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ORDER
This petition under Article 226 of the Constitution of India has beenpreferred to quash the show cause notice dated 27.12.2022 issued by therespondent no.2 to the petitioners to demolish the construction said to be made on the govt. land on survey no.442 ad-measuring 0.066 hectares situated atVillage Nimthur, Tehsil - Bhanpura, District - Mandsaur.
Learned counsel for the petitioners submit that the petitioners have filedan Election Petition against a sitting MLA of the ruling party and due to whichthe aforesaid notice was served upon the petitioners on 28.12.2022 at about06:45 p.m. and he was directed to file their reply in the morning of the very nextday i.e. 29.12.2012 otherwise the construction made by him on the aforesaidland will be demolished. The contents of the notice apparently shows that thesame has been given with political reasons and proper opportunity has not beengiven to the petitioners to file their reply therefore, the same is required to bequashed.
Learned Govt. Advocate for the respondent/State submits that it is veryspecifically been mentioned that after demarcation, it was found that thepetitioners have encroached about 0.066 hectares of govt. land therefore, thesaid notice was issued and he was provided an opportunity to file the reply and,therefore he is not entitled for any relief.
Heard learned counsel for both the parties and perused the record.
It is apparent from the record that the show cause notice dated27.12.2022 was served upon to the petitioners on 28.12.2022 at about 6:45 p.m.and they were directed to file their reply on the very next day i.e. 29.12.2022stating therein that otherwise the construction in question will be demolished. Itis mentioned in the notice itself that petitioners are in possession of the land indispute for last 10 years. In these circumstances, it appears appropriate to givesome reasonable time to the petitioners to file the reply and till then therespondents is required to restrained from demolishing the construction inquestion.
Hence, the petition is disposed off with directions to the respondents thatthey will provide relevant papers with regard to demarcation of the land inquestion to the petitioners within 3 days and thereafter, petitioners will file theirreply before the competent authority/ respondent no.2 within 10 days andthereafter, respondent no.2 will pass appropriate order in accordance with lawafter considering the reply submitted by the petitioners. In the meantime,respondents will not demolish the construction in dispute said to be made onthe encroached land bearing survey no.442 ad-measuring 0.066 hectaressituated at Village Nimthur, Tehsil Bhanpura, District Mandsaur.
It is further directed that respondents will not take any coercive actionagainst the petitioners after passing of the said order for 7 days and providereasonable time to the petitioners to approach the competent authority.
Certified copy as per rules.
ajit
(SATYENDRA KUMAR SINGH)V. JUDGE
Digitally signed by AJIT KAMALASANAN Date: 2022.12.29 18:09:33 +05'30'